US Courts Debate Retired Military First Amendment Standards
It was argued that 'Kelly's speech' must receive the full protection of the First Amendment, meaning the military should not regulate it more than civilian speech. A contrary view would nullify portions of a court's decision. The argument references the "Parker" case, stating that no US court has ever equated the First Amendment standards for these two groups. It was also noted that a senator did not counsel disobedience of lawful orders, but instead recited a bedrock proposition of military law.
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Sources · 7 independent
C-SPAN Radio
“He said repeatedly that Kelly's speech must be given the full protection of the First Amendment right. The full protection of the First Amendment.”
C-SPAN Radio
“neither Parker nor any other case in the history of all the courts of the United States has ever said that retired military service members are subject to the same First Amendment standards as active duty.”
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